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INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Field Museum to
auction American
Indian portraits
page 3
President Bush
wins reelection
page 4
Letter to Shakopee
Mdewakanton
community
page 4
American Indians,
Native Hawaiians
claim the place on
national lines
page 6
Counterpoint
to Star Tribune
editorial on
Indian gaming
page 4
Inwewinan: Language as doorway to Culture
VOICE OF THE PEOPLE
By Jean Pagano
Native culture is in jeopardy in
America. According to the U.S.
census for 2000, Native peoples
account for approximately 0.9%.
of the American population. Native languages, once numbering
around three hundred before contact with European cultures, now
number at around 200. Many of
these languages are on the verge
of extinction. When languages
become extinct, the cultures that
they describe suffer an incredible
loss.
The Native Language Act of
1992 was implemented to preserve and promote indigenous
languages. The Act specifically
is "to be used to assist Native
Americans in ensuring the survival and continued vitality of
Native American languages."
The Act further provides grants
to bring older and younger Native speakers together to revive
and revitalize Native languages.
According to Dr. Michael
Krauss, former director of the
Alaskan Native Language Center, there are perhaps 210 Native
languages that are still spoken in
some form in the United States
and Canada. These languages
are divided into 5 categories,
depending upon the number of
speakers and their approximate
ages.
Category A identifies diose
Native tongues that are still being learned by children in a traditional way. Of the 175 Native
American languages identified,
20% fall in this category. 30%
of the 35 Native Canadian languages also fall in this category.
Category B, representing
about 17% of Native American
and Canadian languages, identifies Native tongues that are still
spoken by what Krauss describes
as a 'parental generation'. These
parents, wliile able to speak the
language, have chosen not to
teach the language to their children.
Category C describes languages that are those spoken by
nuddle-aged or grand parental
generation and no one else.
These languages are at risk
because once these two generations pass; the languages will no
longer be spoken. Interestingly,
the number of speakers of a Category C language is unimportant
because if no new speakers are
being taught, the language will
not survive.
Category D languages are
remembered by only a few of
the oldest people. These Native
tongues are not spoken or barely
remembered. Wliile not technically extinct, they are on the
verge of disappearing. With the
disappearance of the language,
an integral vehicle of the culture
also vanishes.
Category E languages are
extinct. Some are documented
whereas odiers are totally moribund. There is some question
as to whether extinct languages
should be revived, especially if
there is adequate documentation
for revival.
Language is the doorway to
preserving Native cultures. Many
schools throughout the United
States and Canada teach Native
languages and there are numerous resources available to those
interested in sustaining Native
culture. There are also several
organizations that are dedicated
to language revival and stabilization, namely, the Society for the
Study of the Indigenous Languages of the Americas (SSILA),
the American Indian Language
Development Institute (AILDI),
and the Linguistic Society of
America (LSA).
Other resources, hke
this website link, http:
//carla.acad.umn.edu/lctl/db/
search-wlw.html, can identify
language programs by language
and by state. For example, the
Ojibwa language is taught at
eight schools in Minnesota: Bemidji State University, Brainerd
Tech Community College, College of Saint Scholastica, Lake-
head University, Minneapolis
Coram & Tech College, Rainy
River Community College, University of Minnesota, Duluth,
and Vermillion Conununity College.
The doorway is there. To preserve a culture, preserve the language. To understand a culture,
speak die language. To help revitalize a culture, help the language
spread and grow.
Daschle tastes defeat
By diet Brokaw
Associated Press
SIOUX FALLS, S.D. - Senate Democratic Leader Tom Daschle went down in defeat Tuesday, losing to former Rep. John
Tliune, after a rough-and-tumble
campaign in which Republican leaders sought to oust the
nation's top-ranking Democrat.
With all of the state's 827 precincts reporting, Thune had
197,814 votes, or 51 percent, to
Daschle's 193,279 votes, or 49
percent.
"1 have a profound respeci
lor the people of our state and
respect their decision," Daschle
told a roomful of cheering supporters Wednesday morning.
"I'm grateful for the extraordinary opportunity they' ve given
me these years."
Congressional leaders rarely
face serious challenges for reelection, but die White House
made Daschle its cliief target after complaining that he has been
the main obstruction to President
Bush's congressional initiatives
in the past four years.
Bush carried Soudi Dakota
by a wide margin, and Thune
defeated Daschle to make the
minority leader the first Senate
leader to be unseated in more
than 40 years.
Daschle did not take questions
from reporters after his Wednesday morning speech. He said he
talked with Thune early in the
day and wished him well.
Daschle recounted a time early
in his career when he was mistaken for a paperboy in Madison.
"Well, that doesn't happen
anymore," he said. "I'm a lot
oters reject
six gaming
expansion
proposals
By John G. Edwards
Review-Journal
The Rev. Tom Grey believes Tuesday's election
results show it's about time for
the gaming industry - which
had been counting on several
initiatives to expand its reach
in the United States - to fold
its hand.
The gambling foe and executive director of die National
Coalition Against Gambling
Expansion noted on Wednesday that voters have rejected
six gaming expansion proposals this year, including a Missouri issue that was voted on
in August.
Gaming analyst Marc
Falcone of Deutsche Bank,
however, disagrees w itli Grey,
even though voters in California, Nebraska. Washington,
Michigan and. possibly, Florida took action on Tuesday
that could curtail gambling s
expansion.
In the case of Florida, one
of the six examples also cited
by Grey, a proposal to allow
more recognized. Fmalot
grayer. I'm a grandfather. ... a lot
wiser."
Daschle said he ran for office
because of "a belief in what we
can do together, a belief in our
people, an excitement about
having die honor to work in
public service and to consider
all of you and all of die people
of our state our extended family
Together, I still believe there is
nodiing we can't do."
Thune argued diroughout the
campaign that Daschle had lost
touch with most South Dakotans, particularly on social issues
such as abortion and gay marriage. He also criticized Daschle, who was seeking a fourth
Senate term, for blocking Bush's
judicial nominees, tax cuts and
other initiatives in Congress.
"I will put South Dakota first
every single day, every single
vote, and now the really hard
work begins," Thune told a
cheering crowd in his victory
speech, which started about 3:
15 a.m.
"We need to end die gridlock,
the partisanship and the political games in Washington and to
begin moving a positive agenda
diat is good for America," he
said.
The race was in doubt into the
early morning hours Wednesday,
but Thune claimed victory when
it became clear that the senator
could not overcome Thune's
lead. Daschle did not appear at a
Democratic Party rally Tuesday
night, but bis campaign said he
would speak to supporters later
Wednesday.
Thune, who lost to Demo
cratic Sen. Tim Johnson by 524
votes in 2002, praised Daschle
for a long career in Congress but
said it was time for a change in
die Senate. The two spoke by
phone just before Thune's victory speech.
"I want to say thank you to
Senator Daschle for his many
contributions to public service
and for a hard-fought campaign,"
Thune said.
During die campaign, Daschle
touted his leadership stams and
die numerous projects and federal funds he has landed for (Instate.
An exit poll of 1,551 Soudi
Dakota voters done for The
Associated Press showed Daschle did well among voters who
consider diemselves moderates
and diose who are most worried
about die economy and die war
in Iraq.
Thune got solid support from
those who see diemselves as
conservative Protestants and voters who put die most emphasis
on protecting moral values and
fighting terrorism, according to
die poll conducted for die AP and
television networks by Edison
Media Research and Mitofsky
International.
Kent Foster, 32, a registered
Democrat who lives in Sioux
Falls, said he has voted for Daschle in previous elections but
decided it was time for a change.
"I hate to lose his clout," Foster
said of Daschle. "But I think he's
been in D.C. too long. He's gotten away from liis roots."
Dick Fennel, a 57-year-old fanner from Elk Point, said he and his
DASCHLE to page 6
VOTERS to page 6
AIM murder case extradition
hearing due in December
Associated Press
VANCOUVER, British Columbia - An American Indian
Movement activist charged with
murder in Soudi Dakota almost
30 years ago may learn more
next month about die strength
of die U.S. case against him.
John Graham is charged with
first-degree murder in the 1975
killing of Anna Mae Pictou
Aquash, a fellow AIM member,
on the Pine Ridge Indian Reservation.
Another man, Arlo Looking
Cloud of Denver, was convicted
in February and was sentenced
to life in prison. He must serve
at least 10 years before becoming eligible for parole.
Witnesses at Looking Cloud's
trial testified that Graham shot
Pictou Aquash in the back of
the head as she begged for her
life, after the woman had been
taken from a Denver home.
Graham pleaded not guilty
and is fighting extradition. He
is out on bail widi strict conditions.
More than two weeks have
been set aside for his extradition
hearing in December. But on
N londay, lawyers were in court
to make final arrangements for
duee days later this month for
arguments related to that hear
ing.
Graham's lawyer, Terry LaL-
iberte, told Justice Elizabetii
Beimett he will make an argument for fuller disclosure of
evidence as well as a challenge
to whether Canada's Extradition
Act can allow hearsay evidence.
VVI don't trust dieir client,"
LaLiberte told Bermett, referring to the UJ.S. government,
which is represented in court
by a federal Justice Department
lawyer, Deborah Strachan.
Outside court, LaLiberte said
he has been provided widi an
""overview" of the U.S.'s case
against Graham but he wants to
know: more fully vvwhat diey are
going to rely on."
Aquash's death came amid
a series of bloody clashes between federal agents and AIM,
which called for treaty rights
and self-determination for Indians.
Aquash, a Mi' kmaq from
Nova Scotia, was among die Indian militants who occupied die
village of Wounded Knee for 71
days in 1973.
Aquash's family exhumed her
body last mondi from a Soudi
Dakota grave so she could be
reburied in Nova Scotia.
web page: www.press-on.net
lUetive *»-
American
Press
We Support Equal Opportunity For All People
A weekly publication. Copyright, Native American Press, 2004
Founded in 1988
Volume 17 Issue 21
November 5, 2004
from left to right: Sheldon Wolfchild, named plaintiff in the Court of Federal Claims
case, Barbara Buttes, Chair of the Mdewakanton Coalition; Scott Adolphson, Mdewakanton member; Erick Kaardal, attorney for the Mdewakanton Coalition.
Press/On publishing full text of Wolfchild, et al.,
v. United States in series over next several weeks
By Bill Lawrence
Included in this issue are
the opening pages of die
October 27, 2004, decision
handed down by Judge
Charles F. Lettow of the
United States Court of Federal Claims. The case, entided Sheldon Peter Wrolf-
cliild, et at., (Plaintiffs), v.
United States, (Defendant),
was decided in part in favor
of die Plaintiffs in their case
against the United Stated
Govenunent. There are
250 plaintiff in all, some
requesting and receiving
anonymity.
The entire decision has
44 pages. It opens with
a 15-page describes the
historical background.
The topics include: The
1862 Sioux Outbreak, die
1886 Census and die 1888,
1889 and 1890 Appropriation Acts, Trust Creation
and Land Assignments,
Evolution of die Three
Communities [die Lower
Sioux Indian Community
in Minnesota, the Shakopee
Mdewakanton Sioux (Dakota) Community, and die
Prairie Island Indian Community
in Minnesota), die 1980 Act, The
Lawsuit.
The Analysis discusses Standards for Decision, Amici Curiae
[friends of the court involvement, i.e. those parties who have
an interest in die outcome of die
case], Standing, Jurisdiction. A
Partial Summary Judgment is
delineated. Amendments of die
Complaint, Future Proceedings
Respecting Class Certification
and Potential Summons round
out this section.
The Conclusion, which is contained in the space of one page
grants die Defendant motion to
dismiss breach of contract but
denies the government's motion
for dismissal of die action.
The decision continues, "The
court grants plaintiffs' cross-motion for partial summary judgment diat (1) a trust was created
in connection with and as a consequence of the 1888, 1889, and
1890 Appropriation Acts for die
benefit of die loyal Mdewakanton and their lineal descendants,
which trust included land, improvements to land, and monies
as die corpus, (2) such trust was
neidier extinguished nor tenni
nated by die 1980 Act, and (3)
such trust was breached by the
United States through actions
taken in December 1980 and
thereafter. The coml otherwise
denies the plaintiff's motion for
partial summary judgment."
The plaintiffs to die suit have
until January 10,2005 to submit
a Second Amended Complaint
and a motion for leave to include anonymous plaintiffs.
Because diis issue is of
supreme importance to a substantial number of persons in
die State and because of the
significant issues involved, die
entire document will be printed
in serial form during die next
few weeks.
Correction: In last week's
article about the Mdewakanton Coalition victory in court,
Press/On stated that Ms. Buttes
had undertaken diis mission
largely on behalf of her modier,
Winifred Freezor. We erred in
diat comment. Ms. Buttes has
indicated she embarked on this
project in the interests of justice
for all eligible Mdewakanton
descendants. She is herself eligible but has refused enrollment
with the current membership.
Fire Thunder
defeats Means
for Oglala
tribal
president
By Carson Walker
Associated Press
SIOUX FALLS, S.D.
- Cecelia Fire Thunder was
elected president of die
Oglala Sioux Tribe, the first
woman chosen to lead die
tribe on the Pine Ridge Indian Reservation in soudiwest
South Dakota.
Unofficial results Wednesday showed her widi 2,222
votes to 1,711 for American Indian activist Russell
Means.
Alex White Plume had an
859-vote margin over Eileen
Janis for tribal vice president.
Means got 917 votes in
die tribe's Oct. 5 primary,
more dian twice die support
given to uibal President
John Yellow Bird Steele.
Fire Thunder was second widi 607 votes. They
emerged from a field of 13
candidates.
It was Means' diird run
for president and his second
primary victory. His first
primary win was in 1974,
when he opposed Dick Wil-
DEFEAT to page 7
Poll shows mixed feelings on
casinos in Minnesota
Associated Press
ST. PAUL - A new poll shows
diat Minnesotans have mixed
feeling about casino gambling
and whedier the state should get a
cut of tribal gaming revenues.
In a St, Paul Pioneer Press-Minnesota Public Radio poll published Tuesday, 53 percent of die
respondents said they support
Gov. Tim Pawlenty's proposal
diat tribes should pay 25 percent
of their gambling revenues to die
state, in exchange for allowing
new types of gambling or opening off-reservation casinos.
If the tribes don t agree, the
governor has threatened to allow
non-Indian casino operations in
the state.
Forty-two percent said they
opposed Pawlenty's proposal,
wliile 5 percent were undecided.
The poll of 625 likely voters last
Wednesday through Friday had a
margin of sampling enor of plus
or minus 4 percentage points.
In a separate question, only
18 percent want to leave the
gambling situation in Minnesota
as it is, with casinos run only by
Indians and revenues going to die
tribes. .Anodier 42 percent want
uibes to make large payments to
die state, and 32 percent are ready
for non-Indians to open casinos in
Minnesota.
The results left bodi sides
claiming public support.
vvThese results are great news,"
said Brian McClung, Pawlenty's
press secretary.vv Seventy-four
percent of Minnesotans feel diat
die current sihtation is not fair,
and diey agree widi Governor
Pawlenty that it's time for a new
and better deal."
But die Minnesota Indian
Gaming Association said die poll
shows that die public doesn't
welcome die prospect of turning
Minnesota into a colder version
of Las Vegas.
vvIf die tribes don't do this, are
you in favor of the alternatives?"
asked John McCarthy, the group's
executive director.vv And what is
die governor's alternative here?
To bring in Las Vegas."
Tribal groups say the governor
has misrepresented die revenues
from Indian casinos in Minnesota,
talking about a $10 bdlion industry, saying dieir annual revenues
are more like $1 billion a year,
before operating expenses.
vvThe governor has promoted
what he knows is an inflated figure about tribal revenue, so that
die public has gotten die idea diat
diere are big pots of money sitting around," said Marsha Kelly,
a consultant to MIGA. xTn fact,
there isn't."
Erma Vizenor, tribal chair of
die White Earth Band of Ojibwe,
said die poll numbers show
diere's a lack of understanding
among some Minnesotans. She
POLL to page 7
■MHII^HH

INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Field Museum to
auction American
Indian portraits
page 3
President Bush
wins reelection
page 4
Letter to Shakopee
Mdewakanton
community
page 4
American Indians,
Native Hawaiians
claim the place on
national lines
page 6
Counterpoint
to Star Tribune
editorial on
Indian gaming
page 4
Inwewinan: Language as doorway to Culture
VOICE OF THE PEOPLE
By Jean Pagano
Native culture is in jeopardy in
America. According to the U.S.
census for 2000, Native peoples
account for approximately 0.9%.
of the American population. Native languages, once numbering
around three hundred before contact with European cultures, now
number at around 200. Many of
these languages are on the verge
of extinction. When languages
become extinct, the cultures that
they describe suffer an incredible
loss.
The Native Language Act of
1992 was implemented to preserve and promote indigenous
languages. The Act specifically
is "to be used to assist Native
Americans in ensuring the survival and continued vitality of
Native American languages."
The Act further provides grants
to bring older and younger Native speakers together to revive
and revitalize Native languages.
According to Dr. Michael
Krauss, former director of the
Alaskan Native Language Center, there are perhaps 210 Native
languages that are still spoken in
some form in the United States
and Canada. These languages
are divided into 5 categories,
depending upon the number of
speakers and their approximate
ages.
Category A identifies diose
Native tongues that are still being learned by children in a traditional way. Of the 175 Native
American languages identified,
20% fall in this category. 30%
of the 35 Native Canadian languages also fall in this category.
Category B, representing
about 17% of Native American
and Canadian languages, identifies Native tongues that are still
spoken by what Krauss describes
as a 'parental generation'. These
parents, wliile able to speak the
language, have chosen not to
teach the language to their children.
Category C describes languages that are those spoken by
nuddle-aged or grand parental
generation and no one else.
These languages are at risk
because once these two generations pass; the languages will no
longer be spoken. Interestingly,
the number of speakers of a Category C language is unimportant
because if no new speakers are
being taught, the language will
not survive.
Category D languages are
remembered by only a few of
the oldest people. These Native
tongues are not spoken or barely
remembered. Wliile not technically extinct, they are on the
verge of disappearing. With the
disappearance of the language,
an integral vehicle of the culture
also vanishes.
Category E languages are
extinct. Some are documented
whereas odiers are totally moribund. There is some question
as to whether extinct languages
should be revived, especially if
there is adequate documentation
for revival.
Language is the doorway to
preserving Native cultures. Many
schools throughout the United
States and Canada teach Native
languages and there are numerous resources available to those
interested in sustaining Native
culture. There are also several
organizations that are dedicated
to language revival and stabilization, namely, the Society for the
Study of the Indigenous Languages of the Americas (SSILA),
the American Indian Language
Development Institute (AILDI),
and the Linguistic Society of
America (LSA).
Other resources, hke
this website link, http:
//carla.acad.umn.edu/lctl/db/
search-wlw.html, can identify
language programs by language
and by state. For example, the
Ojibwa language is taught at
eight schools in Minnesota: Bemidji State University, Brainerd
Tech Community College, College of Saint Scholastica, Lake-
head University, Minneapolis
Coram & Tech College, Rainy
River Community College, University of Minnesota, Duluth,
and Vermillion Conununity College.
The doorway is there. To preserve a culture, preserve the language. To understand a culture,
speak die language. To help revitalize a culture, help the language
spread and grow.
Daschle tastes defeat
By diet Brokaw
Associated Press
SIOUX FALLS, S.D. - Senate Democratic Leader Tom Daschle went down in defeat Tuesday, losing to former Rep. John
Tliune, after a rough-and-tumble
campaign in which Republican leaders sought to oust the
nation's top-ranking Democrat.
With all of the state's 827 precincts reporting, Thune had
197,814 votes, or 51 percent, to
Daschle's 193,279 votes, or 49
percent.
"1 have a profound respeci
lor the people of our state and
respect their decision," Daschle
told a roomful of cheering supporters Wednesday morning.
"I'm grateful for the extraordinary opportunity they' ve given
me these years."
Congressional leaders rarely
face serious challenges for reelection, but die White House
made Daschle its cliief target after complaining that he has been
the main obstruction to President
Bush's congressional initiatives
in the past four years.
Bush carried Soudi Dakota
by a wide margin, and Thune
defeated Daschle to make the
minority leader the first Senate
leader to be unseated in more
than 40 years.
Daschle did not take questions
from reporters after his Wednesday morning speech. He said he
talked with Thune early in the
day and wished him well.
Daschle recounted a time early
in his career when he was mistaken for a paperboy in Madison.
"Well, that doesn't happen
anymore," he said. "I'm a lot
oters reject
six gaming
expansion
proposals
By John G. Edwards
Review-Journal
The Rev. Tom Grey believes Tuesday's election
results show it's about time for
the gaming industry - which
had been counting on several
initiatives to expand its reach
in the United States - to fold
its hand.
The gambling foe and executive director of die National
Coalition Against Gambling
Expansion noted on Wednesday that voters have rejected
six gaming expansion proposals this year, including a Missouri issue that was voted on
in August.
Gaming analyst Marc
Falcone of Deutsche Bank,
however, disagrees w itli Grey,
even though voters in California, Nebraska. Washington,
Michigan and. possibly, Florida took action on Tuesday
that could curtail gambling s
expansion.
In the case of Florida, one
of the six examples also cited
by Grey, a proposal to allow
more recognized. Fmalot
grayer. I'm a grandfather. ... a lot
wiser."
Daschle said he ran for office
because of "a belief in what we
can do together, a belief in our
people, an excitement about
having die honor to work in
public service and to consider
all of you and all of die people
of our state our extended family
Together, I still believe there is
nodiing we can't do."
Thune argued diroughout the
campaign that Daschle had lost
touch with most South Dakotans, particularly on social issues
such as abortion and gay marriage. He also criticized Daschle, who was seeking a fourth
Senate term, for blocking Bush's
judicial nominees, tax cuts and
other initiatives in Congress.
"I will put South Dakota first
every single day, every single
vote, and now the really hard
work begins," Thune told a
cheering crowd in his victory
speech, which started about 3:
15 a.m.
"We need to end die gridlock,
the partisanship and the political games in Washington and to
begin moving a positive agenda
diat is good for America," he
said.
The race was in doubt into the
early morning hours Wednesday,
but Thune claimed victory when
it became clear that the senator
could not overcome Thune's
lead. Daschle did not appear at a
Democratic Party rally Tuesday
night, but bis campaign said he
would speak to supporters later
Wednesday.
Thune, who lost to Demo
cratic Sen. Tim Johnson by 524
votes in 2002, praised Daschle
for a long career in Congress but
said it was time for a change in
die Senate. The two spoke by
phone just before Thune's victory speech.
"I want to say thank you to
Senator Daschle for his many
contributions to public service
and for a hard-fought campaign,"
Thune said.
During die campaign, Daschle
touted his leadership stams and
die numerous projects and federal funds he has landed for (Instate.
An exit poll of 1,551 Soudi
Dakota voters done for The
Associated Press showed Daschle did well among voters who
consider diemselves moderates
and diose who are most worried
about die economy and die war
in Iraq.
Thune got solid support from
those who see diemselves as
conservative Protestants and voters who put die most emphasis
on protecting moral values and
fighting terrorism, according to
die poll conducted for die AP and
television networks by Edison
Media Research and Mitofsky
International.
Kent Foster, 32, a registered
Democrat who lives in Sioux
Falls, said he has voted for Daschle in previous elections but
decided it was time for a change.
"I hate to lose his clout," Foster
said of Daschle. "But I think he's
been in D.C. too long. He's gotten away from liis roots."
Dick Fennel, a 57-year-old fanner from Elk Point, said he and his
DASCHLE to page 6
VOTERS to page 6
AIM murder case extradition
hearing due in December
Associated Press
VANCOUVER, British Columbia - An American Indian
Movement activist charged with
murder in Soudi Dakota almost
30 years ago may learn more
next month about die strength
of die U.S. case against him.
John Graham is charged with
first-degree murder in the 1975
killing of Anna Mae Pictou
Aquash, a fellow AIM member,
on the Pine Ridge Indian Reservation.
Another man, Arlo Looking
Cloud of Denver, was convicted
in February and was sentenced
to life in prison. He must serve
at least 10 years before becoming eligible for parole.
Witnesses at Looking Cloud's
trial testified that Graham shot
Pictou Aquash in the back of
the head as she begged for her
life, after the woman had been
taken from a Denver home.
Graham pleaded not guilty
and is fighting extradition. He
is out on bail widi strict conditions.
More than two weeks have
been set aside for his extradition
hearing in December. But on
N londay, lawyers were in court
to make final arrangements for
duee days later this month for
arguments related to that hear
ing.
Graham's lawyer, Terry LaL-
iberte, told Justice Elizabetii
Beimett he will make an argument for fuller disclosure of
evidence as well as a challenge
to whether Canada's Extradition
Act can allow hearsay evidence.
VVI don't trust dieir client,"
LaLiberte told Bermett, referring to the UJ.S. government,
which is represented in court
by a federal Justice Department
lawyer, Deborah Strachan.
Outside court, LaLiberte said
he has been provided widi an
""overview" of the U.S.'s case
against Graham but he wants to
know: more fully vvwhat diey are
going to rely on."
Aquash's death came amid
a series of bloody clashes between federal agents and AIM,
which called for treaty rights
and self-determination for Indians.
Aquash, a Mi' kmaq from
Nova Scotia, was among die Indian militants who occupied die
village of Wounded Knee for 71
days in 1973.
Aquash's family exhumed her
body last mondi from a Soudi
Dakota grave so she could be
reburied in Nova Scotia.
web page: www.press-on.net
lUetive *»-
American
Press
We Support Equal Opportunity For All People
A weekly publication. Copyright, Native American Press, 2004
Founded in 1988
Volume 17 Issue 21
November 5, 2004
from left to right: Sheldon Wolfchild, named plaintiff in the Court of Federal Claims
case, Barbara Buttes, Chair of the Mdewakanton Coalition; Scott Adolphson, Mdewakanton member; Erick Kaardal, attorney for the Mdewakanton Coalition.
Press/On publishing full text of Wolfchild, et al.,
v. United States in series over next several weeks
By Bill Lawrence
Included in this issue are
the opening pages of die
October 27, 2004, decision
handed down by Judge
Charles F. Lettow of the
United States Court of Federal Claims. The case, entided Sheldon Peter Wrolf-
cliild, et at., (Plaintiffs), v.
United States, (Defendant),
was decided in part in favor
of die Plaintiffs in their case
against the United Stated
Govenunent. There are
250 plaintiff in all, some
requesting and receiving
anonymity.
The entire decision has
44 pages. It opens with
a 15-page describes the
historical background.
The topics include: The
1862 Sioux Outbreak, die
1886 Census and die 1888,
1889 and 1890 Appropriation Acts, Trust Creation
and Land Assignments,
Evolution of die Three
Communities [die Lower
Sioux Indian Community
in Minnesota, the Shakopee
Mdewakanton Sioux (Dakota) Community, and die
Prairie Island Indian Community
in Minnesota), die 1980 Act, The
Lawsuit.
The Analysis discusses Standards for Decision, Amici Curiae
[friends of the court involvement, i.e. those parties who have
an interest in die outcome of die
case], Standing, Jurisdiction. A
Partial Summary Judgment is
delineated. Amendments of die
Complaint, Future Proceedings
Respecting Class Certification
and Potential Summons round
out this section.
The Conclusion, which is contained in the space of one page
grants die Defendant motion to
dismiss breach of contract but
denies the government's motion
for dismissal of die action.
The decision continues, "The
court grants plaintiffs' cross-motion for partial summary judgment diat (1) a trust was created
in connection with and as a consequence of the 1888, 1889, and
1890 Appropriation Acts for die
benefit of die loyal Mdewakanton and their lineal descendants,
which trust included land, improvements to land, and monies
as die corpus, (2) such trust was
neidier extinguished nor tenni
nated by die 1980 Act, and (3)
such trust was breached by the
United States through actions
taken in December 1980 and
thereafter. The coml otherwise
denies the plaintiff's motion for
partial summary judgment."
The plaintiffs to die suit have
until January 10,2005 to submit
a Second Amended Complaint
and a motion for leave to include anonymous plaintiffs.
Because diis issue is of
supreme importance to a substantial number of persons in
die State and because of the
significant issues involved, die
entire document will be printed
in serial form during die next
few weeks.
Correction: In last week's
article about the Mdewakanton Coalition victory in court,
Press/On stated that Ms. Buttes
had undertaken diis mission
largely on behalf of her modier,
Winifred Freezor. We erred in
diat comment. Ms. Buttes has
indicated she embarked on this
project in the interests of justice
for all eligible Mdewakanton
descendants. She is herself eligible but has refused enrollment
with the current membership.
Fire Thunder
defeats Means
for Oglala
tribal
president
By Carson Walker
Associated Press
SIOUX FALLS, S.D.
- Cecelia Fire Thunder was
elected president of die
Oglala Sioux Tribe, the first
woman chosen to lead die
tribe on the Pine Ridge Indian Reservation in soudiwest
South Dakota.
Unofficial results Wednesday showed her widi 2,222
votes to 1,711 for American Indian activist Russell
Means.
Alex White Plume had an
859-vote margin over Eileen
Janis for tribal vice president.
Means got 917 votes in
die tribe's Oct. 5 primary,
more dian twice die support
given to uibal President
John Yellow Bird Steele.
Fire Thunder was second widi 607 votes. They
emerged from a field of 13
candidates.
It was Means' diird run
for president and his second
primary victory. His first
primary win was in 1974,
when he opposed Dick Wil-
DEFEAT to page 7
Poll shows mixed feelings on
casinos in Minnesota
Associated Press
ST. PAUL - A new poll shows
diat Minnesotans have mixed
feeling about casino gambling
and whedier the state should get a
cut of tribal gaming revenues.
In a St, Paul Pioneer Press-Minnesota Public Radio poll published Tuesday, 53 percent of die
respondents said they support
Gov. Tim Pawlenty's proposal
diat tribes should pay 25 percent
of their gambling revenues to die
state, in exchange for allowing
new types of gambling or opening off-reservation casinos.
If the tribes don t agree, the
governor has threatened to allow
non-Indian casino operations in
the state.
Forty-two percent said they
opposed Pawlenty's proposal,
wliile 5 percent were undecided.
The poll of 625 likely voters last
Wednesday through Friday had a
margin of sampling enor of plus
or minus 4 percentage points.
In a separate question, only
18 percent want to leave the
gambling situation in Minnesota
as it is, with casinos run only by
Indians and revenues going to die
tribes. .Anodier 42 percent want
uibes to make large payments to
die state, and 32 percent are ready
for non-Indians to open casinos in
Minnesota.
The results left bodi sides
claiming public support.
vvThese results are great news,"
said Brian McClung, Pawlenty's
press secretary.vv Seventy-four
percent of Minnesotans feel diat
die current sihtation is not fair,
and diey agree widi Governor
Pawlenty that it's time for a new
and better deal."
But die Minnesota Indian
Gaming Association said die poll
shows that die public doesn't
welcome die prospect of turning
Minnesota into a colder version
of Las Vegas.
vvIf die tribes don't do this, are
you in favor of the alternatives?"
asked John McCarthy, the group's
executive director.vv And what is
die governor's alternative here?
To bring in Las Vegas."
Tribal groups say the governor
has misrepresented die revenues
from Indian casinos in Minnesota,
talking about a $10 bdlion industry, saying dieir annual revenues
are more like $1 billion a year,
before operating expenses.
vvThe governor has promoted
what he knows is an inflated figure about tribal revenue, so that
die public has gotten die idea diat
diere are big pots of money sitting around," said Marsha Kelly,
a consultant to MIGA. xTn fact,
there isn't."
Erma Vizenor, tribal chair of
die White Earth Band of Ojibwe,
said die poll numbers show
diere's a lack of understanding
among some Minnesotans. She
POLL to page 7
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